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According to Cherokee versus Georgia is the Cherokee nation an independent nation?Use evidence to support your answer
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Station 3; Supreme Court Cases
Worcester v. Georgia (1832) & Cherokee Nation v. Georgia (1831)
After the passing of the Indian Removal Act by President Johnson in 1830, Native American's took their
cause to the Supreme Court, hoping that the act would be ruled unconstitutional.
Cherokee Nation v. Georgia (1831) Ruling:
Draw
1
A question of much more difficulty remains. Do the Cherokees constitute a foreign state in
2 the sense of the constitution?... They are not a state of the Union...not owing allegiance to
3
the United States...The condition of the Indians in relation to the United States is, perhaps,
unlike that of any other two people in existence... They acknowledge themselves, in their
4
5 treaties, to be under the protection of the United States; they admit, that the United States
shall have the sole and exclusive right of regulating the trade with them, and managing all
their affairs as they think proper; and the Cherokees in particular... their relation to the
8 United States resembles that of a ward (child) to his guardian. They look to our government
for protection: rely upon its kindness and its power, appeal to it for relief to their wants; and
address the president as their great father. They and their country are considered by foreign
nations, as well as by ourselves, as being so completely under the sovereignty and dominion
of the United States....
Worcester v. Georgia (1832) Ruling:
.... consider the several Indian nations as distinct political communities, having territorial
2 boundaries, within which their authority is exclusive, and having a right to all the lands
3 within those boundaries, which is not only acknowledged, but guaranteed by the United
4 States. The Cherokee Nation, then, is a distinct community, occupying its own territory,
5 with boundaries accurately described, in which the laws of Georgia can have no force, and
which the citizens of Georgia have no right to enter but with the permission of the
Cherokees themselves or in conformity with treaties and with the acts of Congress.
35
1. According to Cherokee vs. Georgia, is the Cherokee Nation an independent nation? Use
evidence to support your answer.
2. According to Worcester vs. Georgia, is the Cherokee Nation an independent nation? Use
evidence to support your answer.
3. If the Cherokee nation is not an independent country, how can the Federal government justify
their removal and resettlement?
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